ANALYSING THE IMPACT OF TRIBUNALISATION IN CONTEMPORARY ERA w.r.t NTT AND NCLT CASE
The disruption of the administration of justice is one of the greatest obstacles to the establishment of tribunals. Owing to the pendency of litigation in various courts, domestic tribunals, and other tribunals, particular laws have been enacted to address the resulting issue. The 42nd Constitutional Amendment bought changes in the constitution and added two articles i.e., 323A and 323B, which stated about the administrative tribunals to be established. From a legal standpoint, a tribunal is distinct from a national tribunal. The term ‘domestic tribunal’ refers to administrative entities meant to regulate professional conduct and inflict discipline on members via the exercise of investigative and judicial authority. Tribunals, on the other hand, are quasi-judicial organisations established to decide disputes pertaining to defined issues exercising authority according to the legislation that creates them. Yet, while expressing concerns over the massive backlog of appeals against rulings by various tribunals in the nation, the Supreme Court had requested that the Law Commission investigate if Tribunalization impeded the proper operation of the supreme court.
This paper includes the constitutional validity of the tribunals and the brief about the two landmark cases i.e., NCLT & NCLAT and NTT for the validity of the tribunals to be formed for the jurisdiction of the company law cases. There are also drawbacks to the tribunals as they lack of independency of judiciary. This paper lastly concludes that as to ensure the integrity of the scheme of forming of Tribunalization, the Supreme Court must also be vigilant in accepting the appeals from the tribunals.